Employment status: Substitution of labour clause was a sham as it did not reflect the parties' true intentions
This report relates to 1 case(s)
In Redrow Homes (Yorkshire) Ltd v Buckborough and another EAT/0528/07, the EAT held that the real intention behind a contract between Redrow Homes and bricklayers on its construction site was that the bricklayers would personally perform the work. The express provision that there was no personal obligation was a sham. Accordingly, they were "workers" and entitled to holiday pay.